Kyndrid Terms of Service

1. Agreement

This Agreement describes the terms governing the Services. This Agreement incorporates by reference our Privacy Policy , our Terms of Use, and our Messaging Terms. We may modify this Agreement at any time by posting an updated version. Your continued use of the Services after changes are posted constitutes acceptance of the updated Agreement.

2. Services

“Services” means the products, software, APIs, hosted services, professional services, implementation, engineering, consulting, or other services you purchase from Kyndrid or that we otherwise provide to you, as described in an order form, statement of work, proposal, invoice, or similar documentation.

The scope, deliverables, timelines, and pricing for Services may be further specified in written documentation agreed by the parties.

3. Your responsibilities

• You are responsible for ensuring you have the rights, authority, and consents necessary to provide data, materials, and access needed for the Services (“Your Data”).
• You are responsible for the accuracy, completeness, and legality of Your Data and for your use of any outputs produced from the Services.
• You are responsible for maintaining your own backups and records unless we explicitly agree to provide retention/archival services in writing.
• You will use the Services only for lawful purposes and in compliance with applicable laws.

4. No professional advice

Unless expressly agreed in writing, Kyndrid does not provide legal, tax, accounting, or other regulated professional advice. You should consult qualified professionals for advice.

5. Service availability

The Services may be unavailable from time to time due to scheduled maintenance, unplanned outages, or failures of third-party services or networks. We do not guarantee uninterrupted or error-free operation.

6. Fees; payment; refunds

Fees and payment terms are as stated in the applicable order form, statement of work, proposal, or invoice. Unless otherwise required by law or expressly agreed in writing, fees are non-refundable.

7. Confidentiality

We may receive Your Data and other confidential information in connection with providing the Services (“Confidential Information”). We will use Confidential Information solely to provide the Services or as permitted by this Agreement or required by law. We may disclose Confidential Information to third-party service providers as reasonably necessary to deliver the Services, and you consent to that disclosure.

No electronic system is perfectly secure. We use commercially reasonable safeguards, but we make no warranty that data transfers are immune from unauthorized access.

8. Intellectual property

Unless otherwise agreed in writing, Kyndrid retains all rights, title, and interest in and to its pre-existing materials, software, methods, templates, and know-how. You retain rights to Your Data. Any deliverables or outputs are provided under the terms described in the applicable order/SOW.

9. Termination

We may modify, suspend, or terminate the Services or this Agreement, in whole or in part, for any reason (including for violation of this Agreement), with or without notice, to the extent permitted by law.

10. Indemnification

You will indemnify and hold harmless Kyndrid and its contractors, subcontractors, and agents from losses, costs, liabilities, damages, and expenses arising out of or related to (a) Your Data, (b) your use of the Services in violation of this Agreement, or (c) your violation of applicable law, except to the extent directly caused by Kyndrid’s gross negligence or willful misconduct.

11. Warranties; disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN WRITING, THE SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KYNRID’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES GIVING RISE TO THE CLAIM. IN NO EVENT WILL KYNRID BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF BUSINESS, REVENUE, PROFITS, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Governing law; venue

This Agreement is governed by the laws of Oregon, without regard to conflict-of-law rules. Any dispute shall be resolved solely in the state or federal courts located in Portland, Oregon.

14. Entire agreement

This Agreement constitutes the entire agreement between you and Kyndrid regarding the Services and supersedes any prior or contemporaneous agreements, communications, and proposals relating to the Services, unless replaced or supplemented by a signed writing.

15. Contact

Email: hello@kyndrid.io•Phone: +1 (503) 208-5281